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Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both sides of the aisle.

“H-1B and L-1 Visa Reform Act” – Introduced by Senator Durbin, the bill would eliminate the random lottery and replace it with an allocation system that gives priority to those with the highest salaries and with advanced U.S. STEM degrees. It has bi-partisan support (Senators Chuck Grassley (R-Iowa), Bill Nelson (D-Fla.), Richard Blumenthal (D-Conn.), and Sherrod Brown (D-Ohio). Its companion bill in the House, introduced by Representatives Bill Pascrell, Jr. (D-N.J.), Dave Brat (R-Va.), Ro Khanna (D-Cal.), and Paul Gosar (R-Ariz.), also bi-partisan support

Outsourcing firms may have the most to lose if any of this legislation passes. The most recently available figures show that 13 outsourcing firms received one-third of all available H-1B visas. Outsourcing firms’ -20-year-old business models are being reconsidered to incorporate hiring more American workers, accelerating automation, and moving American jobs off-shore.

At the executive level, a draft Executive Order that would impose H-1B reforms was leaked in January, but it has yet to be signed. Significantly, on the first day of the annual H-1B lottery, U.S. Citizenship and Immigration Services announced that it will prioritize the detection of H-1B fraud and abuse through targeted site visits, with an emphasis on H-1B employers (i) whose information cannot be commercially verified, (ii) who are H-1B dependent, or (iii) who send employees to third-party worksites.

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